Jonah Patel
The current Texas Constitution, which came into effect in 1876, is the sixth constitution by which Texas has been governed since its independence from Mexico in 1836. It was last amended in 2019 and is the foundational governing document of the State of Texas, outlining the framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters.
| Characteristics | Values |
|---|---|
| Year current Texas Constitution went into effect | 1876 |
| Previous Constitutions | 1836, 1845, 1861, 1866, 1869 |
| Number of Amendments | 498 as of 2019 |
| Last Amendment | 2019 |
| Length | One of the largest state constitutions in the US |
| Topics Covered | Local government, taxes, private property rights, land titles, land law, debtor relief, judicial procedures, marital relations, adoption, water and mineral rights, impeachment, general provisions, mode of amending the constitution, etc. |
| Notable Provisions | Established the state's unusual double supreme court system, created a free public school system, and included a lengthy bill of rights |
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What You'll Learn
The Texas Constitution was ratified in 1876
The 1876 Constitution is a long and restrictive document that substantially restricted the governor's powers and went into great detail on many relatively minor issues. This excessive detail was intended to prevent state officials from exploiting vague language to usurp local governance. It also created the state's unusual double supreme court system. The constitution contains some provisions that are uniquely Texan, many of which are products of the state's unusual history. Some, for example, may be traced to Spanish and Mexican influence, including sections dealing with land titles and land law, debtor relief, judicial procedures, marital relations and adoption, and water and other mineral rights.
The Texas Constitution is one of the largest state constitutions in the US, second only to Alabama and California. It is notable for including a lot of very specific topics, including local government, taxes, and private property rights, that many other states leave to their legislatures. Because of its unique history, Texas has chosen to protect these topics in the strongest way possible. However, the drafters of the constitution recognized that this high level of detail meant that the document could easily become outdated and would need to be changed to keep up with society.
Indeed, the 1876 Constitution has been amended numerous times since its inception. In 1974, a convention was held to modernize and streamline the constitution, but the proposed revision failed by only three votes and was never submitted to the voters. Despite its cumbersomeness and need for frequent amendment, Texans have continued to hold on to the Constitution of 1876.
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It's been amended 498 times, as of 2019
The current Texas Constitution, which came into effect in 1876, has been amended 498 times as of 2019. This makes it one of the most amended state constitutions in the US, with only Alabama and California having longer constitutions.
The Texas Constitution has a unique history, which has resulted in its high level of detail and frequent amendments. Texas' first constitution was drafted after it gained independence from Mexico in 1836. This initial constitution was a short document, modelled after the US Constitution, and it was never amended. When Texas joined the United States, it redrafted its constitution, which became much longer and more detailed. This second constitution, from 1845, was amended in 1861 when Texas seceded from the Union to join the Confederacy.
The third constitution was adopted in 1866, after the Civil War, but it was declared illegal in 1876 under Congressional Reconstruction laws, and Texas was placed under military rule. The current constitution, created in 1876, was a reaction to the abuses of the 1869 constitution. It was designed to restrict the governor's powers and went into great detail on many issues. This level of detail was intended to prevent state officials from exploiting vague language to usurp local governance.
Since its inception, the 1876 Constitution has been amended numerous times. In 1974, an attempt was made to streamline the document, but it failed by only three votes. Amendments to the constitution must be approved by the Legislature and then go to a vote for approval by the citizens of Texas. The most recent amendment gave the Governor of Texas limited authority to remove appointed statewide officials.
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It's one of the US's largest state constitutions
The current Texas Constitution, which went into effect in 1876, is one of the largest state constitutions in the US. It is the sixth constitution by which Texas has been governed since its independence from Mexico in 1836. The Texas Constitution is a foundational governing document, outlining the state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters.
The Texas Constitution has been amended numerous times since its inception, with 498 amendments as of 2019. The only method of amending the Constitution prescribed by Article 17 is via the Legislature, subject to voter approval. The Constitution does not provide for amendment by initiative or referendum, constitutional convention, or any other means. The high level of detail included in the Texas Constitution is a result of the state's unique history and the desire to protect specific topics, such as local government, taxes, and private property rights, in the strongest way possible.
The Constitution of 1876 was established in reaction to the perceived abuses of the 1869 Constitution. It substantially restricted the governor's powers and included detailed provisions on various topics, such as land titles, land law, debtor relief, judicial procedures, marital relations, and water and mineral rights. The 1876 Constitution also created the state's unusual double supreme court system.
While attempts have been made to modernize and streamline the 1876 Constitution, such as the 1974 Constitutional Convention, the proposed revisions have failed to gain support. Despite its cumbersomeness and need for frequent amendment, Texans have continued to adhere to the Constitution of 1876. The Constitution includes a lengthy bill of rights, declaring Texas as a free and independent state, subject only to the Constitution of the United States, and guaranteeing equal rights for all free men.
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It's based on the US Constitution
The current Texas Constitution, which came into effect in 1876, is the sixth constitution since Texas gained independence from Mexico in 1836. While the Texas Constitution is distinct and contains provisions unique to the state, it shares several similarities with the US Constitution.
Both constitutions include the principles of representative democratic government, where authority is derived from the people. They both contain a Bill of Rights, which safeguards civil liberties from the government. The right to 'habeas corpus', for example, cannot be suspended or delayed per the Texas Constitution. Both documents also establish a two-house legislature, with a House of Representatives and a Senate.
The US and Texas Constitutions also share a system of checks and balances and a separation of powers between the legislative, executive, and judicial branches of government. They divide government power between upper and lower levels, with the federal government at the top in the US Constitution and the state government in the Texas Constitution.
Both constitutions allow either house to originate bills, although bills to raise revenue must originate in the House of Representatives. The Texas Constitution, however, is more detailed and specific than its federal counterpart, leaving little room for interpretation to ensure consistency with its ideals. This level of detail can complicate legal matters, as evidenced by the two main types of lawsuits filed under the Texas Constitution: facial challenges and "as-applied" challenges.
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It's been governed by six constitutions since 1836
Texas has been governed by six constitutions since it gained independence from Mexico in 1836. The first constitution, created in 1836, was a short document modelled after the US Constitution. It was never amended and was only in effect for a few years before Texas joined the United States.
Upon joining the US, Texas drafted a new constitution in 1845. This constitution was longer and more detailed, and it is notable for creating Texas' free public school system and school funding system. Texas seceded from the Union and made minimal changes to the 1845 Constitution, mainly revising terminology to reflect its membership in the Confederacy.
The third constitution was adopted in 1861 when Texas seceded and amended its constitution to conform to the Confederate Constitution. After the Civil War ended, Texas held another constitutional convention in 1866, resulting in its fourth constitution. However, this constitution was declared illegal under Congressional Reconstruction laws in 1876, and Texas was placed under military rule.
The fifth Texas constitution, created in 1875 and ratified in 1876, is the basis for the current constitution, which has been amended numerous times. This constitution was a long and restrictive document that substantially restricted the governor's powers and included detailed provisions on various topics. It established Texas' unusual double supreme court system and included sections on land titles and law, debtor relief, judicial procedures, marital relations and adoption, and water and mineral rights.
The current Texas Constitution has been amended 498 times as of 2019 and remains the basic organic law of the state. It is one of the largest state constitutions in the US and is notable for including specific topics that many other states leave to their legislatures, such as local government, taxes, and private property rights.
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Frequently asked questions
The current Texas Constitution went into effect in 1876.
Texas has had six Constitutions since its independence from Mexico in 1836.
The Texas Constitution is one of the largest state constitutions in the US. Only Alabama and California have longer constitutions.
The Texas Constitution is the foundational governing document of the State of Texas, outlining the state's framework for governance, including the powers, structure, and limitations of the state government, individual and civil rights, and other matters.
The Texas Constitution has been amended 498 times as of 2019. The Texas Legislative Council publishes an updated version of the Constitution every two years.
